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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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How long does my criminal record last for. i was prosecuted

Customer Question

How long does my criminal record last for. i was prosecuted for receiving proceeds of crime, given 6 months community service, 12 months probation and a fine?
thanks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What level of checking are you facing?
Customer: replied 2 years ago.

either getting a job in the UK or my alternative is applying for a work visa to China.

i was senteced over 5 years ago , if that will help

Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Do you actually know what level of Criminal check you will be getting - basic, standard, enhanced?
Customer: replied 2 years ago.

i think standard but can you let me know enhanced

Expert:  Ben Jones replied 2 years ago.
Under the Rehabilitation of Offenders Act 1974 (“ROA”), subject to certain exceptions, those convicted of a criminal offence who have not re-offended during a specified period from the date of conviction will be deemed 'rehabilitated' and their convictions would be classified as 'spent'. Spent convictions do not have to be declared if an employer is asking if you have a criminal record, unless the employment is for an exempt position (you should be told in the application form if the position is exempt).
If you are going to be subjected to a Disclosure and Barring Service (DBS) check (this replaced the old CRB check), then whether a past conviction will appear on it depends on what level DBS check is being undertaken. There are three main types of DBS check:
• Basic - contains only unspent convictions
• Standard – contains spent and unspent convictions, as well as cautions, reprimands and final warnings
• Enhanced – same as a Standard but also includes local police intelligence considered relevant to the application
However, recent legislation has introduced a filtering system for some offences and they will not show up on a DBS check after a specified period of time has elapsed. The current guidelines are:
For those aged 18 or over at the time of the offence an adult conviction will be removed from a DBS check if:
• 11 years have elapsed since the date of conviction; and
• it is the person’s only offence, and
• it did not result in a custodial sentence.
Even then, it will only be removed if it does not appear on the list of offences relevant to safeguarding. Also, if a person has more than one offence, then details of all their convictions will always be included. The full list of exempt offences can be found here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/229718/list_of_offences_that_will_never_be_filtered_from_a_criminal_record_check_v1.1__xls_.xls
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45327
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.

many thanks, have been going round in circles trying to find an answer !


thanks for the clarity. Jen


 

Expert:  Ben Jones replied 2 years ago.
you are welcome, all the best

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